open parking space


Pune, Mahasthtra.
I have 2 parking mentioned on my index 2. One coverd and one open. I booked flat in 2016(before rera). Now in 2020 builder has completed construction and started giving possession and society formation is going on. Can society claim their rights on my open parking after conveyance deed is done between society and developer?
 
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CEO

Builder has no legal right to sale either open or stilt parking spaces. These spaces belong to the society and it has to allot these spaces in accordance with the CHS Bye-Laws. Builder can sale only garages.

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Lawyer

Well analysed, opined and advise by expert Mr. Kishor Mehta, I agree and appreciate.

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one more question: Was this law (builder should not sell open parking) was applicable before RERA ?
because most of builders has sold open parkings before RERA.
What such buyers are supposed to do now?
 
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CEO

The Law has been applicable before RERA and is also currently applicable. Decisions are given in the matter by Bombay High Court and Supreme Court. Buyers should ask refund from the builders for payments made for allotment of open or stilt parking.

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Thank you very much for quick response.
Can you please share some link or document which can be shared by society members to builder.

Builder has deceived many buyers by selling open parking.
 
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CEO

You may refer Judgment of Hon'ble Supreme Court in Nahalchand Laloochand Pvt. Ltd., v/s Panchali CHS Ltd., on 31.08.2010.

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